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AMENDMENT OFFERED BY MISS HOLTEMAN

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CREST
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General CIA Records
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CIA-RDP76M00527R000700190018-5
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RIFPUB
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12
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December 9, 2016
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August 24, 2001
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18
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Publication Date: 
June 18, 1973
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Approved For Release 2001/08/30 : CIA-RDP76M00527R000700190018-5 H 4894 CONGRESSIONAL RECORD -HOUSE June 18, 1973 under the bill's language, any judge worth his salt would throw the case out so fat it would make your head swim. Ti HAIRMAN. The question is on the al%kdment offered by the gentleman fro DAL (Mr. KEATING). T q Lion was taken; and the Chai an ounced that the ayes ap- pear to ha t. ORDER VOTE Mr RODIN Mr. Chairman, I de- man recorde vote. A r orded vote ordered. Th ote was to n by electronic de- NOES-162 Abzug Gibbons Natcher Addabbo Gonzalez Nedzi Alexander Grasso Obey Anderson, Gray O'Hara Calif. Green, Pa. Patman Anderson, Ill. Griffiths Patten Annunzio Gude Pepper Ashley Hamilton Perkins Aspire Hanley Podell Barrett Hanna Price, Ill. Bennett Hansen, Wash. Rangel Bergland Harrington Rees Biaggi Hays Reid Biester Heckler, W. Va. Reuss Bingham Heckler, Mass. Rodino Boggs Ifelstoski Roe Boland Hicks Roncalio, Wyo. Bolling Holifield Rooney, Pa. Brademas Holtzman Rosenthal Breckinridge Howard Rostenkowski Brooks Hungate Roush Brown, Calif. Johnson, Calif. Roy Burke, Mass. Jones, Ala. Roybal Burlison, Mo. Jones, Okla. Sarbanes Burton Jones, Tenn. Seiberling presei1, not voting %as follows: [Roll No. 5] AYES-22 N. Da Archer Arends Armstro Bafalls Baker Beard Bell Bevill Bowen Bray Breaux Brinkley Broomflel Brotzm an Brown, Mt Broyhill, Broyhill, Buchanan Burgener Burke, Via. Butler Byron Camp Casey, Tex. Cederberg Chamberla Chappell Clancy Clark Clausen, Don H. Cleveland Cohen Collier Collins, Tex Conable Conlan Cotter Crane Daniel, Dan W., Jr. Davis, Ga. Davis, Wis. Delaney Dellenback Dennis Derwinski Devine Dickinson Dorn Downing Dulski Duncan du Pont Erlenborn Eshleman Findley Fish Ford, Geral Forsythe Fountain Frenzel Frey Froehlich Fulton Fuqua Gettys Giaimo Gilman Ginn Goldwater Goodling Green, Oreg. Gross Grover Gubser Gunter Guyer Haley Hammer- - schmidt Hanrahan Hansen, Idaho Harsha Harvey Hastings Hfbert Heinz Henderson Hillis Hinshaw Hogan Holt Horton Hosmer Huber Hudnut Hunt Hutchinson Ichord Jarman Johnson, Colo. Johnson, Pa. Jones, N.C. Keating Kemp Ketchum Kuykendall Landrum Latta Lent Lott Lulan McClory McCollister McDade McEwen McKinney Madigan Mahon Mallary Maraziti Martin, Nebr, Martin, N.C. Mathis, Ga. Mayne Mazzoli Michel Milford Miller Mitchell, N.Y. Mizell Montgomery Moorhead, Calif, Myers Nelsen Nichols O'Brien Parris Passman Pettis Pryser Pickle Pike Powell, Ohio Preyer 'Price, Tex. R Mall Re a Robin Va. Robison, Y. Rogers Roncallo, Rose Rousselot Runnels Ruth St Germain Sandman Sarasin Satterfield Saylor Scherle SchneebeIi Sebellus Shipley Shoup Shriver Shuster Sikes Skubitz Smith, N.Y. Snyder Spence Stanton, J. William Steed Steele Steelman Steiger, Ariz. Steiger, Wis. Stephens Stubblefield Sullivan Symms Talcott Taylor, Mo. Taylor, N.C. Teague, Calif. Teague, Tex. Thomson, Wis. Thone Tiernan Towell, Nev. Treen Vander Jagt veysey Waggpnner Walsh Wampler Ware White Whitehurst Whitten Widnall Williams Winn Wright Wydler Wylie Wyman Young, Alaska Young, Fla. Young, Ill. Young, S.C. Young, Tex. Zion Zwach Carey, N.Y. Jordan Sisk Carney, Ohio Kartb Slack Collins, Ill. Kastenmeier Smith, Iowa Conte Kazen Staggers Conyers Kluczynskt Stanton, Carman Koch James V. Coughlin Kyros Stark Cronin Leggett Stokes Daniels, Lehman Stratton Dominick V. Long, La. Stuckey de la Garza McCloskey Studds Dellums McCormack Symington Denholm McFall Thornton Dent McKay Udall Diggs McSpadden Ullman E ands, Calif. Heeds Wilson, Ell g Melcher Charles H., Esc Metcalfe Calif. Lynn Colo. Mezvinsky Wilson, Evros enn. Minish Charles, Tex. Fascel Mink Wolff Flood Mitchell, Md. Wyatt Flowers Moakley Yates Foley Mollohan Yatron Ford, Moorhead, Pa. Young, Ga. William Morgan Zablocki Fraser Murphy, rel. Oaydos Murphy, N.Y. go NO OTING-43 Adams Fis O'Neill Ashbrook Flyn Owens Badillo Frelin ysen Quillen Blatnik King \ysenQuillen Blackburn Hawkin Rarick Brasco Landgrebe Rooney, N.Y. Burke, Calif. Litton Ruppe Carter Long, Md. Ryan Chisholm Mailliard chroeder Clay Mathias, Calif. ompson, N.J. Cochran Mills, Ark. Deerlin Culver Minshall, Ohio ns Danielson Mosher Wil , Bob Davis, S.C. Moss Edwards, Ala. Nix So the amendment was agreed to. The result of the vote was announced as above recorded. AMENDMENT OFFERED BY MISS HOLTZMAN Miss HOLTZMAN. Mr. Chairman, I offer an amendment. The.Clerk read as follows: Amendment offered by Miss HOLTZMAN. On page 36, line 7, insert immediately after "Federal Government" the following: "not including the Central Intelligence Agency." (Miss HOLTZMAN asked and was given permission to revise and extend her remarks.) Ms. HOLTZMAN. Mr. Chairman, my amendment is very simple. It would pro- hibit the Central Intelligence Agency from engaging in local law enforcement activities under the auspices of the Omnibus Crime Control and Safe Streets Act. As we all know, the CIA Is not author- ized to engage in domestic law enforce- ment activities under the statute creat- ing it-the National Security Act of 1947. Nonetheless, the CIA has been training and working with local law enforcement agencies throughout the country-citing as its authority to do so section 508 of title I of the Omnibus Crime Control and Safe Streets Act which created LEAA. This provision is almost identical to sec- tion 508 of the bill we are considering today. The domestic activity of the CIA, of which I learned only last week, was not brought to the attention of the Com- mittee on the Judiciary during its de- liberations on H.R. 8152. It is clear to me, however, that the House Judiciary Committee never contemplated that sec- tion 508 would permit the CIA to engage in such activities. The activities of the Central Intelli- gence Agency under LEAA have been documented by the General Accounting Office, by letters from James R. Schle- singer, Jr., former Director of the CIA, and by other Members of this House. I should also point out that it was through the efforts of my distinguished colleague from New York (Mr. KocH) that the involvement of the CIA in these activities came to the attention of the House in the first place. Under the color of the Safe Streets Act the CIA has given the following kind of aid to about a dozen city and county police agencies throughout the country: instruction in record handling, clande- stine photography, surveillance of indi- viduals, detection and identification of metal and explosive devices and analysis of foreign intelligence data. I might add it has carried out these activities without ,having been requested to do so by the Administrator of LVAA as section 508 of both the existing legislation and the bill we are considering today requires. In New York City alone 14 policemen were given briefings on the analysis and processing of foreign intelligence information. An even more troublesome problem is that although the CIA has been ap- parently restricting itself to training ac- tivities and technical assistance under title I of the 1968 act, the language of that statute as well as the provision be- fore us is sweeping enough to authorize the CIA to use its own personnel in the actual performance of local law enforce- ment activities. It is perfectly clear that whatever ac- tivities the CIA has.performed or may perform in connection with local law enforcement efforts, such activities could more appropriately be carried out by other Federal agencies such as the FBI. For this reason, the Justice Depart- ment has advised me that excluding the CIA from participation in local law en- forcement activities would not jeopardize the functioning of local law enforcement agencies or the functioning of LEAA. There is no need for the CIA involve- ment in local law enforcement activi- ties and to permit such involvement Approved For Release 2001/08/30 : CIA-RDP76M00527R000700190018-5 Approved For Release 2001/08/30 : CIA-RDP76M00527R000700190018-5 -- June 18, 1973 CONGRESSIONAL RECORD -- HOUSE tions end highly respected citizens can contritute any more to these councils than they could as nonprofessionals In a medical or legal meeting. I just fail to see any reason to require this kind of participation, particularly when Lae bill, as amended, permits such participation. Mr. Chairman, and my colleagues, I ask your support of the Keating amend- ment. Miss HOLTZMAN. Mr. Chairman, will the gentleman yield? Mr. MILFORD. I yield to the gentle- woman from New York. Miss HOLTZMAN. Is it not true that community groups may demand of a Gov- ernor tc be represented, whether or not there is a mandatory or a permissive pro- vision ir. this legislation? Mr. MILFORD. I am sorry; I did not quite understand the question. Miss HOLTZMAN. Is it not true that whether or not we have a mandatory or permissive provision in this legislation, any community group or any community organization may demand of a Governor to be represented? Mr. M-,LFORD. Yes, they may ask, but the Governor has the option here of se- lecting a representative, and he is in a much better position of deciding whether or not that individual can offer anything to LEAA. . Miss HOLTZMAN. Is it not true, though, that under the committee print the Governor would have the option of 'deciding who is to be representative under a mandatory provision? Mr. MILFORD. Not in accordance with the way it is written. I think one would find the lawyers could have a field day the way that law is written. Mr. SEIBERLING. Mr. Chairman, will the gentleman yield? Mr. MI FORD. I yield to the gentle- man from Ohio. Mr. SEIBERLING. Will the gentle- man point to me precisely where the language says the Governor has to ac- cept any organization that demands to be represented? Where does it say that? Mr. MILFORD. It states that it re- quires the inclusion of "representatives of citizen and community organization." I would in turn ask the gentleman to show me where it does not say that he should appoint. Mr. SELBERLING. Where does it say that there should be any particular or- ganization, or that anyone could demand. It merely says that there shall be some representatives of citizen, professional, and community organizations. Mr. MILFORD. It does not state it under the wording of the law that we have stated, the word is ambiguous. Mr. HUTCHINSON. Mr. Chairman, I rise in suport of the amendment. Mr. Chairman, as a matter of history, when the amendments to LEAA were considered and adopted in 1970, I recall the other body wrote some language along this line requiring representation of citizen and other organizations on these planning agencies. As I recall, the Senate adopted that; the House had not; and it went into a conference committee. The conferees agreed then-and I think there was some wisdom in their deci- sion-that to put this language into the statute in a mandatory fashion simply wc uld invite litigation. We donot want to invite litigation. We do not want to write provisions into the law that are going to make it more difficult to form these plan- ning agencies. We are talking about State planning agencies. Admittedly, the Gov- err;or appoints them. But what does this lar guage say? I think that there could be some quarrel as to what it says, be- calse the bill says that the planning unit shall- Be representative of the law enforcement and criminal justice agencies, units of gen- eral local governments, and public agenices maintaining programs to reduce and control crime and shall include representatives of citie ens, professional, and community orga- niza tions- I submit that there are some judges whc would read that and interpret it to mean that the planning agency shall also be representative of citizen and commu- nity organizations. And if a judge inter- preted it that way, then he would listen to an argument made by some group that would come to court and say, "This plan- ning agency is not representative because it d!les not include our particular orga- H 4893 crimi.nal justice agencies, units of general local government, and public agencies . . . and shall include representatives of citizen, professional, and community organi&tions. Anybody looking at this sent would say that when they have t se iffer- ent language in these two ctlo they must have intended a erent ean- ing. The sentence says a Sta plan- ning agency shall be jepresenttive of But it only says it. hall include repre- sentatives of citizef organizations. Obviously one an always sly under a statute, but cc he win? Any;"judge is going to take a - ok at this and say there is nothing here that mandates that the Governor ofii'"the State shall have any Ml* McCLORY. Will the gentleman ield? . mare from Illinois. niza ;ion." ` Mr. McCLORY. Mr. Chairman, I I submit, Mr. Chairman, we would do ,.}thank the gentleman for yielding. well to leave this on a permissive basis a Is it not true the Judiciary Committee rather than a mandatory basis. This ma is made up lawyers experienced law- of , ter comes before the Committee of to Who'.e House at this time because in e Committee on the Judiciary this per is- sive amendment-that is, the chacigmg from "shall" to "may"-lost on a t26 vote of 18 to 18. An i because it was a tie vote ought, to be brought up here. mandatory we will simply litiga ;ion and be tying up all of these planning agenc edly into.court to justify ieir make-up. Mr- McCLORY. Mr. Ch 1rman, will the gentlk man yield? Mr. HUTCHINSON Mr. McCLORY. States and by local Bov- e LEAA is not authorized sugge,ggPhg there might be some groups who 4llight be desirous of that situation? Mr. McCLORY. If there is litigation, if the State planning agency is not com- plete for one reason or another, there can be no valid plan and the State will be delayed in getting its funds from the LEAA. Mr. =3UTCHINSON. I agree with the gentleman. Mr. SEIBERLING. Mr. Chairman, I move to strike the last word and I rise in opposit:.on to the amendment. Mr. Chairman, I am astounded that the gentleman would advance arguments which any first-year law student would know are contrary to recognized legisla- tive int,-rpretation. Let us; just take a look atthe language of this sentence. It says: The State planning agency ... shall . be representative of the law enforcement and argue either side of a case, quite fair to denominate something less than the i first-year law students. Few is. rue we di- 6 it is not t as having Mr. SEIBERLING. When lawyers argue both sides of the is e, they are arguing to establish opposg points of view, but the gentlemen have been im- plying that a judge would read this lan- guage and come to. a conclusion which, I submit, is an erroneous c;nclusion. If the Members were acting ag judges and not as legislators, they couldtnot come to the conclusion the gentlemen are trying to make. Mr. McCLORY. Mr. Chairman, if the gentleman will yield further, if 36 law- yers divided evenly on the issue, I do not think we can assume that spate judge is going to be so clear minded on this issue as to see what the gentleman considers as obvious. Mr. SEIBERLING. I think it obvious the lawyers on the Judiciary Committee were dividing in accordance with the legislative result they wanted to bring about rather than a judicial interpreta- tion of the language. Mr. McCLORY. I think the lawyers on the committee are sincere iii their posi- tions. In supporting the amendment I am thinking about the position-of the Gov- ernors sitting in the State capitols in the 50 States and the authoriy they will have. I do not think we wartt to tie their hands by saying they must have rep- resentatives-and that term is used in the plural-of citizens, profeional, and community organizations. Mr. SEIBERLING. I do nt5t doubt the sincerity of the concern wh ch the gen- tleman has expressed, but Iubmit that Approved For Release 2001/08/30 : CIA-RDP76M00527R000700190018-5 Approved For Release 2001/08/30 : CIA-RDP76M00527R000700190018-5 June 18, 1973 CONGRESSIONAL RECORD -HOUSE creates dangers of enormous proportions d + this count.rv Recent events- such as a o 114895 liability or amount of a grant upon, the partment in every district around this o.,c ,..~s...a ?a - or o berg's psychiatrist, demonstrate that CIA to el involvement in domestic law enforce- enforce ment activities can abridge constitu-contini: tional rights and jeopardize the integ-an app adopt" rity of the CIA itself. In fact, it is significant that the CIA involvement in gram. the Ellsberg matter came in the form And of "technical assistance"-the same kind as subi of assistance supposedly provided by the Mr. CIA to local law enforcement agencies. new is My amendment would prevent such cerned. However,,% is not new language dangers from happening by limiting the insofar as the pre t Law Enforcement n activities of the CIA to areas of its legit- Assistance Admini aw" imate concern and preventing it from cerned. It is a part u the current law. the e r' diverting its resources and attention to I would like to mak local law enforcement. colleagues. I therefore respectfully urge the adop- This is not new to th EAA law. It is tion of this amendment which is wholly in the current law that enacted by in keeping with the spirit and purpose of the Congress in 1968. the omnibus Crime Control and Safe Now, how did we get int sition we Streets Act, and prevents CIA involve- are in now, that this langu a is not a merit in local law enforcement. part of the committee bill? Mr. RODINO. Mr. Chairman, will the First of all, it was left out gentlewoman yield? ministration bill which was s ecause Miss' HOLTZMAN. I am happy to yield us. It was left out partly, I think, cial to the chairman, the distinguished gen- the administration bill was a tam tieman from New Jersey (Mr. RODINO). revenue-sharing bill. It did not pp ach Mr. RODINO. Mr. Chairman, I would the categorical and bloc grant a la nd like to state that the amendment offered that we have now in the current by the gentlewoman from New York that we have in the committee bill at (Miss HOLTZMAN) is one that I think is is before this Chamber. in keeping with the true purpose of the Mr. Chairman, what the committee act, and that it remedies a deficiency with the administration bill primari that has been overlooked. I certainly will was to change this section by addin accept the amendment offered by the what had been proposed by various civil gentlewoman from New York. rights groups, sections (b) (1), (b) (2), Miss HOLTZMAN. I thank the gentle- and (b) (3) to the bill. They are found man. following the part that I propose to Mr. HUTCHINSON. Mr. Chairman, amend and I have no objection to these will the gentlewoman yield? provisions. All testimony, and the con- Miss HOLTZMAN. I will be happy to sensus of the committee, tells us that this yield to the distinguished ranking minor- vastly strengthens the civil rights provi- ity member on the committee. sions of the LEAA law. Mr. HUTCHINSON. Mr. Chairman, I I say this, however, Mr. Chairman. I thank the gentlewoman for yielding to fear that if at the same time we are me. strengthening these civil rights provi- Mr. Chairman, certainly the CIA has sions we take out this very clear prohibi- no function in our domestic law enforce- tion on the Law Enforcement Assistance ment. If the CIA has been engaging in Administration, a prohibition which such activities, citing any, part of the merely states that: LEAA law as their authority, that mat- Notwithstanding any other provision of ter should be clarified. I can see abso- law nothing contained Ithe this e shall be lutely no harm in the amendment of- Construed condition the fered by the gentlewoman from New (oro) amount to require, to authorize of a grant upon, the adavailability option by York. I think that it clarifies the law. an applicant or grantee under this title of a Therefore, Mr. Chairman, I would indi- percentage ratio, quota system, or other pro- cate my support for the amendment of- gram to achieve racial balance. .. . fered by the gentlewoman from New If on the one and we vastly strengthen York (Miss HOLTZMAN) . the civil rights provisions, but on the Miss HOLTZMAN. I thank the gentle- other hand we are taking out what is man. part of the current law, I say that there The CHAIRMAN. The question is gentle- cabe no other reception for this by the the amendment New York by y (Miss HOLT- the the administration, or by, any group of per- woman from New YOLTZ sons around the country, than that we MAN), intend to require quotas or percentage The amendment was agreed to. ratios, and we ought to condition grants NDMENT OFFERED SY MR. FLOWERS upon the adoption of such a system by a OWERS. Mr. Chairman, I of- prospective grantee. fer an dment. I say, Mr. Chairman, by taking this ead as follows The Cl : out of the law-and all I propose to do Amendmen ed by Mr. FLOWERS: is to keep what is in the current law- n 518 by adding the he we would be opening the door to inter- page 42, amend following new subsee after line r2: ference of all kinds-interference of the (b) Notwithstandi other this titl- in this title operation of the Law Enforcement Assist- sion of law nothing cont r Admin- ante Administration all the way down shall be construed to authho i~+-fl- (11 to no ire. or c ion the to the local police or local sheriff's de- sue I do not know it my nearing is ian- redesignate subsection (b) ins me. Did the gentleman say this program to achieve racial balance or gentleman yield? lam _ - . .- ._ ---'-? _ nce i any imbal Mr. Chairman, this is provisions of LEAA? far as this bill is con- Mr. FLOWERS. I did not say that. the ad- tuptO Mr. FLOWERS. I said that the other amendments we have added to this sec- tion vastly strengthened the civil rights provisions, and I said I supported those amendments. Mr. CONYERS. Then if it does not strengthen the civil rights provisions in LEAA, could I have the temerity to ask the gentleman, does it weaken the pres- ent provisions? Mr. FLOWERS. I do not think it is in- compatible with the strengthening pro- visions of the bill. I do not think it either weakens or strengthens. It merely states what it says it states insofar as the cur- rent law is concerned. Mr. Chairman, I say that this is a very simple matter that ought to be included in these ,amendments and the further ex- tension of this act, and I ask my col- leagues in the House to support the amendment. opposition to the amendment. (Miss JORDAN asked and was given of that pro ommended ministration a p tration? Nixon administrati that we take this a provision in the strengthen civil righ mated must be entitled to a he' The Governor of the State is Lions, hearings, due process, all i vided for. ng. His amendment neither ens nor weakens the civil rights Approved For Release 2001/08/30 : CIA-RDP76M00527R000700190018-5 CONGRESSIONAL RECORD - HOUSE June 18, 1973 I would suggest to the Members that the the local level? provision which is offered as an amend- It says: menu by the gentleman from Alabama is Whenever the Administration det hies moot. If we were to approve that amend- that a state government or any uni ge:a- menc it would be tantamount to the eral local government has failed comply House of Representatives today adopt- with subsection (b) (1) or an appli le regu- ing a. rule that no rhinoceroses should ration, it shall notify the chief cutive of Representat1Ve: when no rhinoceroses pliance. are trying to get in. The Justice Department says the civil In other words, the adt iinistration at rights enforcement compliance rules the Washington level, I 'y to my friends contained in title 6 apply to LEAA. The in the House of Repres tatives, is where courts have said we do not mandate the determination is de about this, quotas, and the administration has said We are either for a,prohibition against we do not mandate quotas, and nobody writing quotas or p centage rarios, or we is mandating quotas in this legislation. ire against it. I s, if a Member is for All we are providing here is the way to at, then he shgbld vote against my proceed in terms of complaints about amendment. If aMember is against it, lie discrimination, and these are the steps should vote forhe amendment. that must be taken to guarantee there is Mr. HUTCIINSON. Mr. Chairman, I no discrimination either in the dispensa- Ise in supporfof the amendment. tion of the benefits or the hiring of per- Mr. Chairifian, what the committee has sonnel to function in this administration. done is a vary proper thing, so far as it What we have said is that the Office of hoes. That is to say, the committee has Civil Rights Compliance which is pres- taken title 6 of the Civil Rights Act of ently contained in LEAA-we do not 1964 ancf lifted it and transplanted it ver- have to establish that, that.is already es- batim into the LEAA Act, and that is all tablished-that Office of Civil Rights eight. As a matter of fact, LEAA has been Compliance has the responsibility to see governed by that provision of the law to it that the funds, these great, tremen- from the start. dous Federal resources are not dispensed This just makes it clear, no question in a manner that will discriminate about it, that title 6 of the Civil Rights against the populace on the basis of race, Adt of 1964 applied to LEAA just like it color. national origin, or sex. Therefore at iplies to any other agency of govern- since we have taken care of that issue, ,lnent. The present LEAA Act also specif - why would we confuse the issue by saying cally says that there cannot be quotas or nothing in this act is to be construed toy anything having to do with racial ba?- mandate quotas? That is unnecessary language. The question is moot. The Office of Civil Rights Compliance of LE AA takes care of it now. The Civil Rights Act of 1964 takes care of it now. There is no reason whatsoever wh' we need to adopt the amendment offered by the gentleman from Alabaman and I hope the Members will oppose it; (Mr. RODINO asked and was given permission to revise and extend his re- marks.) Mr. RODINO. Mr. Chair n, I rise in opposition to the amendmt. Mr. Chairman, I thine the gentle- woman from Texas has spoken eloquently and frankly. Anything I,sinight say would be anticlimactic. 411 I do however want tdpoint out that the repeal of this section, suggested by the administration, doeshot mandate in any way that there be Mny quotas to achieve racia'i balance. V Actually, what we have done is to elim- inate confusion', and to affirmatively place the responsibility for any antidis- crimination poceedings in the new sec- tion that we have included. Mr. Chair.'iian, I would urge that the amendment be voted down. Mr. FLOWERS. Mr. Chairman, will the il. just, as I say, as has been the actual gentleman yield? fact for these 5 years. Then, there will Mr. R(DINO. I yield to the gentleman be no change in the law in that respect. from Aja.bama (Mr. FLOWERS). Therefore, I support the amendment of Mr.-FLOWERS. Mr. Chairman, I would the gentleman from Alabama (Mr. ask the very able chairman if the section 1''LOWERS). (2) (A) (2) we have included, which fol- Mr. SEIBERLING. Mr. Chairman, I lowtthe amendment which I have offered r se in opposition to the amendment. Approved For Release 2001/08/30 : CIA-RDP76M00527R000700190018-5 I respect the motivation of the gentle- man from Alabama who offered the amendment and also of the ranking Republican member of the committee. I really do not think the gentlemen mean to say that, if 1)y chance the Con- gress decides not to adopt this amend- ment, that would mean that we are thereby saying that quotas are au- thorized by this statute. I should like to ask the chairman if he does not agree as to the real tenor of what the Committee has done. We were concerned by the language as proposed in this amendment. If we left it in the statute we would have retained a narrow, negative approach toward the civil rights problem, and we were substituting a posi- tive, comprehensive approach and there fore it was no longer appropriate to put in negative language. It does not mean that by taking it out the Committee was trying to endorse quotas. They were merely emphasizing that this bill should promote civil rights rather than emphasize the negative side of the picture. I wonder if the chairman would agree with me that that is really the tenor of our action? Mr. RODINO. I agree with the gen- tleman. There is no question in my mind that there is no "intent to mandate a require- ment that there be a quota system to achieve racial balance. Mr. SEIBERLING. I thank the gen- tleman. Mr. WAGGONNER. Mr. Chairman, I rise in support of the amendment. Mr. Chairman, I say to my colleagues in the House it is crystal clear that the language which has been removed from existing law by the committee bill posi- tively wrote a prohibition against quotas into existing legislation. It is equally crystal clear that if we want to open the doors to question and make possible quotas-and when we make them pos- sible they are going to come to be-then vote this amendment down. Please do not make that mistake. Do not give the courts the chance to say, as they will surely do, that Congress is no longer opposed to quotas. But do the Members not ever learn anything? If you want to prevent quotas you should keep positive language in the legislation which makes quotas contrary to the law. If you want to prohibit quotas, you should vote for this amendment. If you do not, then you can come back and make apologies later for not having been able to see the handwriting on the wall. That of course will be too late. The CHAIRMAN. The question is on the amendment offered by the gentleman from Alabama (Mr. FLOWERS). The question was taken; and the Chairman announced that the noea-ap- peared to have it. RECORDED VOTE A recorded vote dered. The vote was by electronic de- vice, and there yes 231, noes 161, not voting iLffl follows: Approved For Release 2001/08/30 : CIA-RDP76M00527R000700190018-5 ante. For the life of me, I cannot see where those two provisions are at all conflicting with each other. They can stand to- gether. In other words, I think we should leave- the present language in the law and #.dd to it title 6 provisions of the Civil Rights Act. They are not in conflict; they ?o arm in arm very well. The reason I think we should leave the present language in the law, which is what the gentleman from Alabama (Mr. I'LOwERs) proposes to do here, is that every time we make any change in sta- tute law, somebody goes into a court and argues, quite persuasively and effectively sometimes, that the Congress intended to make some change. Now, really we do not intend to make any change here at all. What we intend tD do is simply to continue this aspect of the law as it has been these 5 year, under LEAA. We do not intend to make any change, but if we strike out part of the language, somebody is going to argue t tat certainly Congress intended to do something because it struck out a part of that language. I think a better policy would be to leave the present language in the law, and attach the civil rights language to Approved For Release 2001/08/30 : CIA-RDP776M00527R000700190018-5 H.4880 CONGRESSIONAL RECORD - HOUSE June 18, 1973 an Oak Lawn park district official had been extorting money from contractors. A financial recordsinvestigation of al- coholic beverage dispensing establish- ments in Peoria, Tazewell, and Woodford Counties for illegal ties with local polit- ical figures. A series of raids of illegal drinking establishments in Evanston. A probe excessive prices that Robbins, Ill., officials allegedly paid suppliers. The prosecution of police officers charged with stealing from local freight yards in Riverdale. An investigation into official miscon- duct in Niles, East St. Louis, Orland Park, Joliet, and Markham, Ill. An investigation of Cook County elec- tion law frauds, which produced infor- mation forwarded to the U.S. Depart- ment of Justice. An indictment of aState boiler inspec- tor for receiving bribe payments for writ- ing fraudulent certificates of approval. An investigation of bartenders' union officials accused of bribery. Investigations of 72 cases of tax fraud in cooperation with the Federal Bureau of Investigation, the Chicago Police De- partment, and Illinois law enforcement officials. A probe of anti-trust law violations by persons accused of conspiring to allocate prices and territories and to forge in- voices and receipts in connection with grass-mowing contracts along interstate highways in Illinois. An investigation of the possible killer of an Illinois bureau of investigation narcotics agent. This indicates the broad range and significance of the special prosecution unit's work, and Illinois is thankful to LEAA for having made it possible. As you have heard, the unit conducted a good number of investigations that cut across jurisdictional lines in Illinois. Some of them involved multicounty work or small counties that lacked the re- sources for doing their own prosecution. As you can imagine, this assistance has been exceedingly helpful to the Il- linois State Attorney General, William Scott, who has said his office would be at a loss without it. His colleagues in other States feel the same way. In a resolution passed last June, the National Association of At- torneys General reaffirmed its support for the block grant concept and called upon- Both the Congress of the United States and the Nation's State and local governments to support LEAA in the interest of greater domestic security and a more efficient cam- paign to combat disorder and reduce crime. I urge my colleagues to respond to that resolution. We must insure that Safe Streets Act help continues uninterrupted in the future. Mr. ROSTENKOWSKI. Mr. Chair- man, the most effective means of com- batting the high incidence of crime in our Nation is today a subject of grave concern to all Americans. Through the continuation of the Law Enforcement Assistance Administration, $2 billion in Federal spending will be allocated to the State governments during fiscal years 1974 and 1975. The law enforcement assistance au- thorization, H.R. 8152, extends the pres- ent law and expedites the granting of funds at both the Federal and State levels. This greater flexibility in the ad- ministration of the programs allows for a more extensive protection of civil rights and encourages more community partici- pation through open meetings. A func- tional law enforcement and criminal jus- tice system is particularly essential in this age of violence and soaring rate of crime. While this bill provides for a more efficient administrative system, it has not expedited the flow of funds to the major cities which are being plagued by the highest crime rates in the Nation. Stressing the wide disbursement of Fed- eral funding rather than the direct channeling of grants to the hardest hit areas of crime, the LEAA has failed to strike the problem at its source. In 1971; Chicago was denied 80 percent of the funds it requested to effectuate crime control. Considering that Chicago com- prises 1.66 percent of the Nation's popu- lation and has received only .46 percent of all grants awarded, it is evident that the appropriation of Federal funds does not coincide with the proportion needed. The amendments contained in this bill will result in a vast improvement in the LEAA, which was begun in 1968. In deal- ing with the problems of crime, how- ever, I feel that a better disbursement of funds is prerequisite to any legislation to promote more efficient law enforce- ment. The American people are more concerned with combating actual crime in an effective manner, than with devel- oping statistics which merely reflect Gov- ernment spending where it is not most needed. Thus, Mr. Chairman, I believe that in the years ahead, the LEAA should focus its efforts on reducing crime in the most needy areas rather than develop- ing model programs in areas far re- moved from the hard-core crime areas of our inner cities. Ms. HOLTZMAN. Mr. Chairman, I wish to congratulate the distinguished gentle- man from New Jersey (Mr. RODINO) the chairman for the Committee on Judi- ciary, for his outstanding leadership in connection with the amendments to title: I of the Omnibus Crime Control and Safe Streets Act of 1968 (H.R. 8152). This bill represents a major contribu- tion to the fight against crime. It expands Federal support to local law enforcement efforts and to the entire criminal justice system. It enables localities to upgrade their crime fighting efforts from the time a suspect is apprehended through the rehabilitation of criminals. The problem of Federal assistance to local crime fighting efforts has been one that has greatly concerned me. I have spent a great deal of time analyzing the Safe Streets Act of 1968 as amended and as a result I have formulated my own proposals pertaining to the Federal as- sistance to local law enforcement agen- cies, which are embodied in H.R. 8021, a. bill I introduced on this subject. I am particularly pleased that the House Judiciary Committee accepted my amendment to eliminate redtape and speed up the flow of crime fighting funds to localities where they are desperately needed. One of the major problems under the existing legislation is that localities often have to wait as long as a year to receive funds from the State. This will mean more funds more quickly for New York City. In addition, as the committee report makes clear, localities will not be able to apply for a package of programs instead of having to go through the time con- suming and costly process of applying to the State on a project-by-project basis. This provision could be of enormous im- portance to high crime areas. Under the present law, for example, New York City is required to go through as many as 190 steps each time it applies for funds under the act. The bill has substantially strengthened civil liberties safeguards. Under the pre- vious legislation, Federal funds were used to disseminate arrest records, surveil- lance reports, and other intelligence data that invade the privacy of individuals. This bill prohibits this type of activity. It will permit improved law enforcement efforts without abridging individual rights, The bill also contains a new provision prohibiting any discrimination on the basis of sex in the use of LEAA funds. Finally, I am pleased that there is a 2-year authorization period for this bill. This will permit, if not mandate, the Judiciary Committee to oversee imple- mentation of the act and to insure that Federal funds are being used effectively to fight crime and improve the entire criminal justice system. Again, I wish to commend the gentle- man from New Jersey (Mr. RODINO) for this very fine bill. Mr. RODINO. Mr. Chairman, we have no further requests for time. Mr. HUTCHINSON. We have no fur- ther requests for time. The CHAIRMAN. The Clerk will read. The Clerk read as follows: Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That title I of .-the Omnibus Crime Control and Safe Streets Act of 1968 is amended to read as follows: "TITLE I-LAW ENFORCEMENT ASSISTANCE "DECLARATIONS AND PURPOSE "Congress finds that the high incidence of crime in the United States threatens the peace, security, and general welfare of the Nation and its citizens. To reduce and pre- vent crime and juvenile delinquency, and to insure the greater safety of the people, law enforcement and criminal justice efforts must be better coordinated, intensified, and made more effective at all levels of government. "Congress finds further that crime is es- sentially a local problem that must be dealt with by State and local governments if it is to be controlled effectively. "It is therefore the declared policy of the Congress to assist State and local govern- ments in strengthening and improving law enforcement and criminal justice at every level by national assistance. It is the pur- pose of this title to (1) encourage States and units of general local government to develop and adopt comprehensive plans based upon their evaluation of State and local problems of law enforcement and criminal justice; (2) authorize grants to States and units of local government in order to improve and - S-019 Approved For Release 2001/08/30: CIA-RDP76M005 7~7001.800-T8 5 Approved For Release 2001/08/30 : CIA-RDP76M00527R000700190018-5 Juve 18, 1973 CONGRESSIONAL RECORD - HOUSE 1148`7.9 so. As the program is presently operated, streets of Cleveland at night? I do not had its gangsters and racketeers. Orga I cannot say that I blame them. think he would. I know I certainly would nized crime and public corruption have This, then, Mr. Chairman, is one of the not, and my constituents know better deeply embedded themselves into the un- thinssI have been trying to correct about and they actually stay off the streets. The derside of our society. the LEAA program. I have been main- fact that the streets have become empty While the vast majority of its citizens tain;ng that the large cities should have has led to all sorts of other problems for are hard-working, law-abiding, decent Imsi -ive assurance that they will receive Cleveland, and certainly this has not en- men and women, hoodlums, and outlaws nriecuate funding, that they should not hanced its image as an attractive place have made Chicago's name synonymous have to beg for it, and it was with this to live or to do business. I know I am not throughout the world with crime and in mind that I proposed at the hearings just talking about Cleveland, Mr. Chair- violence. ttie Judiciary Committee a formula man, because the Gallup poll only last Although this unfortunate reputation for in automatic passthrough of funds, January reported that Americans regard goes back to the advent of Prohibition, through which this objective could be crime as-quote-the worst urban prob- and perhaps earlier, both the city and accomplished. I regret, of course, that lem-unquote. Does that give us con- the State had long been at a disadvantage the committee did not see fit to adopt fidence in the LEAA program, which, has in their efforts to fight crime in Chicago. this formula, or some suitable alterna- spent $2.5 billion over 5 years? The reasons were manifold, but in sum- tive to it, because, in my opinion, unless I would like to make another point, Mr. mary they are as follows: we write these requirements into the Chairman. I would have preferred to see First, the past two generations of our law, many cities will be in doubt, and this legislation authorize block grants of history had brought unprecedented mo- witli good reason. LEAA funds to the large metropolitan bility and financial resources to those For instance, Cleveland has no real areas because it is the local officials- elements of society which habitually live assurance of adequate funding after the the mayors, the police chiefs, the judges, outside the law. special impact program is concluded. the probation officers, and so forth-who Second, city and State officials had to What if we have a Democratic mayor by are in the front line in the fight against keep within budgets too restricted to that time? I suggest, then, that the hand crime. The responsibility basically is match- the ever-growing needs for more that gave us this money might be the theirs, and therefore they should have effective crime-fighting weapons and hand that also takes it away. Personally, more autonomy in budgeting LEAA furds techniques. Mr. Chairman, I would much rather and assessing local priorities. Let us not Third, jurisdictional problems, tradi- rely on assurances in the law than on kid ourselves. The State governments tional parochial jealousies, and the lack the subjective feelings of bureaucrats have neither the authority nor the exper- of an effective statewide coordinating who might not have Cleveland's inter- tise in this area. And even if the States mechanism had made the application of ests in mind, and who might be more did, we should want, because of the kind existing anticrime tools less than opti- interested in running a political opera- of democratic government we have in t:lis mum. tion than in seeing to it that all needy country, to see to it that the police power But, Mr. Chairman, the passage of the parts of the country are adequately is dispersed, that it is exercised locally 1968 Safe Streets Act and the 1970 served by this program. by public officials who, for the most part, amendments have altogether altered that Now, there should not be any mystery, are elected by the people. We-do-not want situation. why I keep referring to the needs of large to arm faceless bureaucrats in Washing- Today Illinois has the money, the cities as if they are deserving of special ton or in the State capitals with control techniques, and the coordinated planning consideration. The fact is I do believe over the police, nor do we want to trust facilities to counter corruption and very strongly that they must have special them to dispense justice. It seems to me racketeering. We have them because we consideration because, Mr. Chairman, that if we were to give this automonmy to have LEAA and a Congress and an ad- they are the ones who have the most our local officials, and if they then should ministration that support the safe streets serious problem. I should think that a fall to use the LEAA funds properly, then concept. well operated program would seek to put they would no longer be able to pass the I have spoken in generalities. Now I the money where the crime is. Well, then, buck on up to the State and Federal shall be specific. in the 56 cities of this country that have Governments, as the habit has been of LEAA has concerned itself with Illinois' a population exceeding 250,000 persons, late. Rather, they would have to answer problems. Tocite one example, LEAA has we find 20 percent of the country's pop- for their derelictions at the polls. given the State a total of $500,000 thus ulation but-and mark this well-52 per- Now, Mr. Chairman, H.R. 8152 does far to establish a Special Prosecution cent of the violent crime, including near- contain certain improvements over the Unit in the Illinois Attorney General's ly two-thirds of the robberies. And in the present program. I hope these amend- office. 153 cities of 100,000 and more, we have ments to existing law will bear fruit. I The unit is composed of eight attorneys 28 percent of the population, but 60.8 think they may, and therefore I am going and six investigators. It operates prin- percent of the violent crimes, including to vote for this bill, as I have said. But I cipally in the areas of antitrust viola- nearly three-fourths of the robberies. think continuing oversight of this pro- tions, official misconduct, revenue law Those are 1972 figures from the FBI. gram is needed and that Congress ought fraud, alcoholic beverage statute viola- We are told by theadministration that to carry this out. And furthermore, I Lions, liaison, and special Illinois de- there is good news in the crime statis- want to say in conclusion that I could not partment of law enforcement investiga- tics-that there is a decrease in the rate go along with this bill at all if it con- tions. of increase, whatever that is supposed to tained more than a 2-year authorization. The unit is an active partner in the mean to the average citizen, and in some The fact that we are limiting the au- Federal organized crime strike force op- places an actual small percentage de- thority to 2 years gives us an opportunity erations in Illinois. crease. Personally, though, I do not take to keep a watchful eye on the LEAA, and Let me mention some specific examples great comfort in this. I do not think my to restructure the agency in 1975-or be- of the special prosecution unit work that constituents do, either. Percentages and . fore-if the administrators show by their the LEAA has made possible: so forth mean very little to them. How performance that they are ignoring the An investigation into janitorial service can they feel good about it when, for in- intent of Congress, as it is expressed in that wdefrauding stance, they are told that crime in Cleve- H.R. 8152. indindustry Small payoffs Business that were er d fra ng Administration land was down 7.2 percent during the Mr. RAILSBACK. Mr. Chairman, I involved illicit kickbacks from Chicago involved illicit first 9 months of 1972, but yet there urge all Members to join me in giving State Hospital personnel. wa. a total of 46,925 felonies committed favorable consideration to H.R. 8152, the compared with 9,054 felonies 10 years law enforcement assistance amendments. A probe of an Illinois State police offi- earlier. How can they feel at ease, what- There are many things that I could cer accused of extorting protection ever the statistical trends show, when tell you about the Safe Streets Act of money from illegal Mexican immigrants. sheer numbers show that 3,939 robberies 1968 and how the Law Enforcement As- An investigation of ambulance opera- were committed during those 9 months, sistance Administration has helped tors charged with bribing Chicago Police and 1,468 assaults? Is the Attorney Gen- transform criminal justice in Illinois. Department and Fire Department of- erai so comfortable with his statistical As in many other large States with ficials. trends that he would care to walk the extensive urban region, Illinois has long A grand jury hearing into charges that Approved For Release 2001/08/30 : CIA-RDP76M00527R000700190018-5 ` Approved For Release 2001/08/30 : CIA-RDP76M00527R000700190018-5 June- 18, 1973 CONGRESSIONAL RECORD -HOUSE strengthen law enforcement and criminal justice; and (3) encourage research and de- velopment directed toward'the improvement of law enforcement and criminal justice and the development of new methods for the pre- vention and reduction of crime and the detection, apprehension, and rehabilitation of criminals. "PART A-LAW ENFORCEMENT ASSISTANCE ADMINISTRATION "SEC. 101. (a) There is hereby established within the Department of Justice under the general authority of the Attorney General, a Law Enforcement Assistance Administration (hereinafter referred to in this title as 'Ad- ministration') composed of an Administrator of Law Enforcement Assistance and a Deputy Administrator of Law Enforcement Assist- ance, who shall be appointed by the Presi- dent, by and with the advice and consent of the Senate. "(b) The Administrator shall be the head of the agency. The Deputy Administrator shall perform such functions as the Admin- istrator shall delegate to him, and shall per- form' the functions of the Administrator in the absence or incapacity of the Administra- "SEC. 201. It is the purpose of this part to encourage States and units of general local government to develop and adopt comprehen- sive law enforcement and criminal justice plans based on their evaluation of State and local problems of law enforcement and crimi- nal justice. "SEC. 202. The Administration shall make grants to the States for the establishment and operation of State law enforcement and criminal justice planning agencies (herein- after referred to in this title as 'State plan- ning agencies')' for the preparation, develop- ment, and revision of the State plan required under section 303 of this title. Any State may make application to the Administration for such grants within six months of the date of enactment of this Act. "SEC. 203. (a) A grant made under this part to a State shall be utilized by the State to establish and maintain a State planning agency. Such, agency shall be created or des- ignated by the chief executive of the State and shall be subject to his jurisdiction. The State planning agency and any regional plan- ning units (including any Criminal Justice Coordinating Council) within the State shall, within their respective jurisdictions, be rep- resentative of the law enforcement and crim- inal justice agencies, units of general local government, and public agencies maintain- ing programs to reduce and control crime and shall include representatives of citizen, professional, and community organizations. "(b) The State's planning agency shall- "(1) develop, in accordance with part C, a comprehensive statewide plan for the im- provement of- law enforcement and criminal justice throughout the State; "(2) define, develop, and correlate pro- grams and projects for the State and the units of general local government in the State or combinations of States or units for im- provement in law enforcement and criminal justice; and "(3) establish priorities for the improve- ment in law enforcement and criminal jus- tice throughout the State. "(c) The State planning agency shall make such arrangements as such agency deems necessary to provide that at least 40 per centum of all Federal funds granted to such agency under this part for any fiscal year will be available to units of general local gov- ernment or combinations of such units to enable such units and combinations of such units to participate in the formulation of the comprehensive State plan required under this part. The Administration may waive this re- quirement, in whole or in part, upon a find- ing that the requirement is inappropriate in view of the respective law enforcement and criminal justice planning responsibilities exercised by the State, and its units of gen- eral local government and that adherence to the requirement would not contribute to the efficient development of the State plan re- quired under this part. In allocating funds under this subsection, the State planning agency shall assure that major cities and counties within the State receive planning funds to develop comprehensive plans and co- ordinate functions at the local level. Any por- tion of such 40 per centum in any State for any fiscal year not required for the purpose set forth in this subsection shall be Available for expenditure by such State agency from time to time on dates during such year as the Administration may fix, for the development by it of the State plan required under this part. "(d) The State planning agency and any other planning organization for the pur- poses of the title shall hold each meeting open to the public, giving public notice of the time and place of such meeting, and the nature of the business to be transacted, if final action is taken at that meeting on (A) the State plan, or (B) any application for funds under this title. The State planning agency and any other planning organiza- tion for the purposes of the title shall pro- vide for public access to all records relating to its functions under this Act, except such records as are required to be kept confi- dential by any other provisions of local,, State, or Federal law. "SEC. 204. A Federal grant authorized under this part shall not exceed 90 per centum of the expenses incurred by the State and units of general local government under this part. The non-Federal funding of such expenses shall be of money appropriated in the aggregate by the State or units of gen- eral local government, except that efie State will provide in the aggregate not less than. one-half of the non-Federal funding re- quired of units of general local government under this part. "SEC. 205. Funds appropriated to make grants under this part for a fiscal year shall be allocated by the Administration among the States for use therein by the State plan- ning agency or units of general local govern- ment, as the case may be. The Administra- tion shall allocate $200,000 to each of the States; and it shall then allocate the re- mainder of such funds available among the States according to their relative popula- tions. "PART C-GRANTS FOR LAW ENFORCEMENT PURPOSES "SEC. 301. (a) It is the purpose of this part to encourage States and units of gen- eral local government to carry out programs and projects to improve and strengthen law enforcement and criminal justice. "(b) The Administration is authorized to make grants to States having. comprehensive State plans approved by it under this part, for- "(I) Public protection, including the de- velopment, demonstration, evaluation, im- plementation, and purchase of methods, de- vices, facilities, and equipment designed to improve and strengthen law enforcement and criminal justice and reduce crime in public and private places. "(2) The recruiting of law enforcement and criminal justice personnel and the train- ing of personnel in law enforcement and criminal justice. "(3) Public education relating to crime prevention and encouraging respect for law and order, including education programs in schools and programs to improve public un- derstanding of and cooperation with law en- forcement and criminal justice agencies. "(4) Constructing buildings or other phys- II 4881 ical facilities which would fulfill or imple- ment the purpose of this section, including local correctional facilities, centers for the treatment of narcotic addicts, and tempo- rary courtroom facilities in areas of high crime incidence. "(5) The organization, education, and training of special law enforcement and criminal justice units to combat organized crime, including the establishment and de- velopment of State organized crime preven- tion councils, the recruiting and training of special investigative and prosecuting person- nel, and the development of systems for col- lecting, storing, and disseminating informa- tion relating to the control of organized crime. "(6) The organization, eductaion, and training of regular law enforcement officers, special law enforcement and criminal justice units, and law enforcement reserve units for the prevention, detection, and control of riots and other violent civil disorders, in- eluding the acquisition of riot control equip- ment. "(7) The recruiting, organization, training, and education of community service officers to serve with and assist local and State law enforcement and criminal justice agencies in the discharge of their duties through such activities as recruiting; improvement of police-community relations and grievance resolution mechanisms; community patrol activities; encouragement of neighborhood participation in crime prevention and public safety efforts; and other activities designed to improve police capabilities, public safety and the objectives of this section: Provided, That in no case shall a grant be made under this subcategory without the approval of the local government or local law enforcement and criminal justice agency. "(8) The establishment of a Criminal Justice Coordinating Council for any unit of general local government or any combina- tion of such units within the State, having a population of two hundred and fifty thou- sand or more, to assure improved planning and coordination of all law enforcement and criminal justice activities. "(9) The development and operation of community-based delinquent prevention and correctional programs, emphasizing halfway houses and other community-based rehabil- itation centers for initial preconviction or postconviction referral of offenders; expand- ed probationary programs, including para- professional and volunteer participation; and community service centers for the guidance and supervision of potential repeat youthful offenders. "(c)' The portion of any Federal grant made under this section for the purposes, of paragraph (4) of subsection (b) of this section may be up to 50 per centum of the cost of the program or project specified in the application for such grant. The portion of any Federal grant made under this sec- tion to be used for any other purpose set forth in this section may be up to 90 per centum of the cost of the program or project specified in the application for such grant. No part of any grant made under this sec- tion for the purpose of renting, leasing, or constructing buildings or other physical fa- cilities shall be used for land acquisition. In the case of a grant under this section to an Indian tribe or other aboriginal group, if, the Administration determines that the tribe or group does not have sufficient funds avail- able to meet the local share of the cost of any program or project to be funded under the grant, the Administration may increase the Federal share of the cost thereof to the extent it deems necessary. The non-Federal funding of the cost of any program or project to be funded by a grant under this section shall be of money appropriated in the aggre- Approved For Release 2001/08/30 : CIA-RDP76M00527R000700190018-5 Approved For Release 2001/08/30 : CIA-RDP76M00527R000700190018-5 CONGRESSIONAL RECORD -HOUSE June 18, 1973 gate, by State or individual units of govern- ment, for the purpose of the shared funding of such programs or projects. "Scc. 302. Any State desiring to partici- pate in the grant program under this part shall establish a State planning agency as described in part B of this title and shall within six months after approval of a plan- ning grant under part B submit to the Ad- ministration through such State planning agency a comprehensive State plan devel- oped pursuant to part B of this title. "Src. 303. (a) The Administration shall make grants under this title to a State plan- ning agency if such agency has on file with the Administration an approved comprehen- sive State plan (not more than one year in age) which conforms with the purposes and requirements of this title. No State plan shall be approved as comprehensive unless the Administration finds that the plan pro- vides for the allocation of adequate assist- ance to deal with law enforcement and crim- inal justice problems in areas characterized by both high crime incidence and high law enforcement and criminal justice activity. Each such plan shall- "(?) provide for the administration of such grants by the State planning agency; "(2) provide that at least theper centum of Federal assistance granted to the State planning agency under this part for any fiscal year which corresponds to the per centum of the State and local law enforcement expendi- tures funded and expended in the Immedi- ately preceding fiscal year by units of gen- eral local government will bemade available to such units or combinations of such units in the immediately following fiscal year for the development and implementation of pro- grams and projects - for the improvement of law enforcement and criminal justice, and that with respect to such programs or proj- ects the State will provide in the aggregate not ;ess than one-half of the non-Federal funding. Per centum determinations under this paragraph for law enforcement funding and expenditures for such immediately pre- ceding fiscal year shall be based upon the most accurate and complete data available for such fiscal year or for the last fiscal year for which such data are available. The Admin- istration shall have the authority to approve such determinations and to reviewthe ac- curacy and completeness of such data; "(3) adequately take into account the needs, and requests of the units of general local government in the State and encourage local initiative in the development of pro- grams and projects for improvements in law enforcement and criminal justice, and pro- vide for an appropriately balanced allocation of funds between the State and the units of general local government in the State and among such units; " (4) incorporate innovations and advanced techniques and contain a comprehensive out- line af priorities for the improvement and coordination of all aspects of law enforce- ment and criminal justice, dealt with in the plan, including description of: (A) general needs and problems; (B) existing systems; (C) available resources; (D) organizational systems and administrative machinery for implementing the plan; (E) the direction, scope-, and general types of improvements to be made in the future; and (F) to the extent appropriate, the relationship of the plan to other relevant State or local law of enforce- ment and criminal justice, plans and systems; "(5) provide for effective utilization of existing facilities and permit and encourage units of general local government to com- bine or provide for cooperative arrangements with respect to services, facilities, and equip- ment; "(C) provide for research and develop- ment; "(7) provide for appropriate review of pro- cedures of actions taken by the State plan- 11ng agency disapproving an application for which funds are available or terminating or ."efusing to continue financial assistance to snits of general local government or com- oinations of such units; "(8) demonstrate the willingness of the State to contribute technical assistance or Services for programs and projects contem- )lated by the statewide comprehensive plan and the programs and projects contemplated oy units of general local government ar ;ombinations of such units; "(9) set forth policies and procedures de- signed to assure that Federal funds made available under this title will be so used is lot to supplant State or local funds, but to ncrease the amounts of such funds that would in the absence of such Federal funds se made available for law enforcement and ~:riminal justice; "(10) provide for such fund accounting, :tudit. monitoring, and evaluation procedures as may be necessary to assure fiscal control, :)roper management, and disbursement of funds received under this title; "(11) provide for the maintenance of such data and information, and for the submis- sion of such reports in such form, at such rimes, and containing such data and informa.- ;ion as the National Institute for Law En- 'orcement and Criminal Justice may reason- ably require to evaluate pursuant to section 102(c) programs and projects carried out inder this title and as the Administration nay reasonable require to administer other )rovisions of this title; and "(12) provide funding incentives to those snits of general local government that coor- linate or combine law enforcement, and crim- .nal justice functions or activities with other such units within the State for the purpose of improving law enforcement and criminal justice. toy portion of the per centum to be made available pursuant to paragraph (2) of this section in any State in any fiscal year not required for the purposes set forth in such paragraph (2) shall be available for expendi- ;ure by such State agency from time to.time on dates during such year as the Administra- tion may fix, for the development and ir.-i- Mementation of programs and projects for ;he improvement of law enforcement and in o;onformity with the State plan. "(b) No approval shall be given to any State plan unless and until the Administri- ;ion finds that such plan reflects a deter- mined effort to improve the quality of law enforcement and criminal justice throughout ;he State. No award of funds which are al- ocated to the States under this title on the oasis of population shall be made with re- spect to a program or project other than a )rogram or project contained in an approved elan. "(c) No plan shall be approved as compre- hensive unless it establishes statewide prior- ities for the improvement and coordination of all aspects of law enforcement and crim- inal justice, and considers the relationships of activities carried out under this title to ..elated activities being carried out under other Federal programs, the general types of improvements to be made in the future, the affective utilization of existing facilities, the ;ncouragement of cooperative arrangements between units of general local government, innovations and advanced techniques in the design of institutions and facilities, and-ad- ianced practices in the recruitment, or- fanization, training, and education of law ;nforcement and criminal justice personnel. :Lt shall thoroughly address improved court and correctional programs and practices throughout the State. "SEC. 304. State planning agencies shall receive applications for financial assistance from units of general local government and lombinations of such units. When a State =lanning agency determines that such an application Is in accordance with the pur- poses stated in section 301 and is in conform- ance with any existing statewide comprehen- sive law enforcement plan, the State plan- ning agency is authorized to disburse funds to the-applicant. "Sm. 305. Where a State has failed to have a comprehensive State plan approved under this title within the period specified by the Administration for such purpose, the funds allocated for such State under paragraph (1) of section 306(a) of this title shall be avail- able for reallocation by the Administration under paragraph (2) of section 306(a) . "SEC. 306. (a) The funds appropriated each fiscal year to make grants under this part shall be allocated by the Administration as follows: - "(1) Eighty-five per centum of such funds shall be allocated among the States accord- ing to their respective populations for grants to State planning agencies. "(2) Fifteen per centum of such funds, plus any additional amounts made avail- able by virtue of the application of the pro- visions of sections 305 and 509 of this title to the grant of any State, may, in the discre- tion of the Administration, be allocated among the States for grants to State plan- ning agencies, units of general local gov- ernment, combinations of such units, or private nonprofit organizations, according to the criteria and on the terms and conditions the Administration determines consistent with this title. Any grant made from, funds available under paragraph (2) of this subsection may be up to 90 per centum of the cost of the program or project for which suchgrant is made. No part of any grant under such paragraph for the purpose of renting, leasing or construct- ing buildings or other physical facilities shall be used for land acquisition. In the case of a grant under such paragraph to an Indian tribe or other aboriginal group, If the Admin- istration determines that the tribe or group does not have sufficient funds available to meet the local share of the costs of any program or project to be funded under the grant, the Administration may increase the Federal share of the cost thereof to the extent it deems necessary. The limitations on the expenditure of portions of grants for the compensation of personnel in subsection (d) of section 301 of this title shall apply to a grant under such paragraph. The non-Fed- eral share of the cost of any program or project to be funded under this section shall be of money appropriated in the aggregate by the State of units of general local govern- ment, or provided In the aggregate by a pri- vate nonprofit organization. The Administra- tion shall make grants in its discretion under paragraph (2) of this subsection in such a manner as to accord funding incentives to those States or units of general local govern- ment that coordinate law enforcement and criminal justice functions and activities with other such States or units of general local government thereof for the purpose of im- proving law enforcement and criminal justice. "(b) If the Administration determines, on the basisof information available to it dur- ing any fiscal year, that a portion of the funds allocated to a State for that fiscal year for grants to the State planning agency of the State will not be required by the State, or thatthe State will be unable to qualify to receive any portion of the funds under the requirements of this part, that portion shall be available for reallocation to other States under paragraph (1) of subsection (a) of this section. "SEC. 307. In making grants under this part, the Administration and each State planning agency, as the case may be, shall give special emphasis, where appropriate or feasible, to programs and projects dealing with the prevention, detection, and control Approved For Release 2001/08/30 : CIA-RDP76M00527R000700190018-5 Approved For Release 2001/08/30 : CIA-RDP76M00527R000700190018-5 Jane. 18, 1973 CONGRESSIONAL RECORD -HOUSE of organized' crime and of riots and other violent civil disorders. "SEC. 308. Each State plan submitted to the Administration for approval under sec- tion 302 shall be tither approved or disap- proved, in whole or in part, by the Adminis- tration no later than ninety days after the date of submission. If not disapproved (and returned with the reasons for such disap- proval) within such ninety days of such application, such plan shall be deemed ap- proved for the purposes of this title. The rea- sons for disapproval of such plan, in order to be effective for the purposes of this section, shall contain an explanation of which re- quirements enumerated in section 302(b) such plan fails to comply with, or an expla- nation of what supporting material is neces- sary for the Administration to evaluate such plan. For the purposes of this section, the term `date of submission' means the date on which a State plan which the State has des- ignated as the `final State plan application' for the appropriate fiscal year is delivered to the Administration. "PART D-TRAINING, EDUCATION, RESEARCH, DEMONSTRATION, AND SPECIAL GRANTS "SEC. 401. It is the purpose of this part to provide for and encourage training, educa- tion, research, and development for the pur- pose of improving law enforcement and crim- inal justice, and developing new methods for the prevention and reduction of crime, and the detection and apprehension of criminals. "SEC. 402. (a) There is established within the Department of Justice a National In- stitute of Law Enforcement and Criminal Justice (hereafter referred to in this part as 'Institute'). The Institute shall be under the general authority of the Administration. The chief administrative officer of the In- stitute shall be a Director appointed by the Administrator. It shall be the purpose of the Institute to encourage research and devel- opment to improve and strengthen law en- forcement and criminal justice, to dissemi- nate the results of such efforts to State and local governments, and to develop and support programs for the training of law enforcement and criminal justice personnel. "(b) The Institute is authorized- " (1) to make grants to, or enter into con- tracts with, public agencies, institutions of higher education, or private organizations to conduct research, demonstrations, or spe- cial projects! pertaining to the purposes described in this title, including the devel- opment of new or improved approaches, techniques, systems, equipment, and devices to improve and strengthen law enforcement and criminal justice; "(2) to make continuing studies and un- dertake programs of research to develop new or improved approaches, techniques, systems, equipment, and devices to improve and strengthen law enforcement and criminal justice, including, but not limited to, the effectiveness of projects or programs carried out under this title; 1 "(3) to carry out programs of behavioral research designed to provide more accurate information on the causes of crime and the effectiveness of various means of preventing crime, and to evaluate the success of correc- tional procedures; "(4) to make recommendations for action which can be taken by Federal, State, and local governments and by private persons and Organizations to improve and strengthen law enforcement and criminal justice; "(5) to Carry out programs of instructional assistance consisting of research fellowships for the programs provided, under this sec- tion, and special workshops for the presenta- tion and dissemination of information re- sulting from research, demonstrations, and special projects authorized by this title; "(6) to assist in conducting, at the request of a State or a unit of general local govern- ment or a combination thereof, local or re- gional training programs for the training of State and local law enforcement and crim- inal justice personnel, including but not limited to those engaged in the investigation of crime and apprehension of criminals, community relations, the prosecution or de- fense of those charged with crime, correc- tions, rehabilitation, probation and parole of offenders. Such training activities shall be designed to supplement and improve rather than supplant the training activities of the State and units of general local government. While participating in the training program or traveling in connection with participation in the training program, State and local per- sonnel shall be allowed travel expenses and a per diem allowance in the same manner as prescribed under section 5703(b) of title 5, United States Code, for persons employed intermittently in the Government service; and "(7) to establish a research center to carry out the programs described in this section. "(c) The Institute shall serve as a national clearinghouse for information with respect to the improvement of law enforcement and criminal justice, including but not limited to police, courts, prosecutors, public defend- ers, and corrections. "The Institute shall undertake, where pos- sible, to evaluate various programs and proj- ects carried out under this title to determine their impact upon the quality of law enforce- ment and criminal justice and the extent to which they have met or failed to meet the purposes and policies of this title, and shall disseminate such information to State plan- ning agencies and, upon request, to units of general local government. "The Institute shall report annually to the President, the Congress, the State planning agencies, and, upon request, to units of gen- eral local government, on the research and development activities undertaken pursuant to paragraphs (1), (2), and (3) of subsec- tion (b), shall describe and in such report the potential benefits of such activities of law enforcement and criminal justice and the results of the evaluations made pursuant to the second paragraph of this subsection. Such report shall also describe the programs of instructional assistance, the special work- shops, and the training programs undertaken pursuant to paragraphs (5) and (6) of sub- section (b). "SEC. 403. A grant authorized under this part may be up to 100 per centum of the total cost of each project for which such grant is made. The Administration shall re- quire, whenever feasible, as a condition of approval of a grant under this part, that the recipient contribute money, facilities, or services to carry out the purposes for which the grant is sought. "SEC. 404. (a) The Director of the Federal Bureau of Investigation is authorized to- "(1) establish and conduct training pro- grams at the Federal Bureau of Investigation National Academy at Quantico, Virginia, to provide, at the request of a State or unit of local government, training for State and local law enforcement and criminal justice per- sonnel; and "(2) develop new or improved approaches, techniques, systems, equipment, and devices to improve arfd strengthen law enforcement and criminal justice. "(b) In the exercise of the functions, powers, and duties established under this section the Director of the Federal Bureau of Investigation shall be under the general authority of the Attorney General. "SEC. 405. (a) Subject to the provisions of this section, the-Law Enforcement Assistance Act of 1965 (79 Stat. 828) is repealed: Pro- vided, That- H 4883 "(1) The Administration, or the Attorney General until such time as the members of the Administration are appointed, is author- ized to obligate funds for the continuation of projects approved under the Law Enforce- ment Assistance Act of 1965 prior to the date of enactment of this Act to the extent that such approval provided for continuation. "(2) Any funds obligated under subsection (1) of this section and all activities necessary or appropriate for the review under subsec- tion (3) of this section may be carried out with funds previously appropriated and funds appropriated pursuant to this title. "(3) Immediately upon establishment of the Administration, it shall be its duty to study, review, and evaluate projects and pro- grams funded under the Law Enforcement Assistance Act of 1965. Continuation of proj- ects and programs under subsections (1) and (2) of this section shall be in the discretion of the Administration. "SEC. 406. (a) Pursuant to the provisions of subsections (b) and (c) of this section, the Administration is authorized, after ap- propriate consultation with the Commis- sioner of Education, to carry out programs of academic educational assistance to im- prove and strengthen law, enforcement and criminal justice. "(b) The Administration is authorized to enter into contracts to make, and make payments to institutions of higher education for loans, not exceeding $1,800 per academic year to any person, to persons enrolled on a full-time basis in undergraduate' or grad- uate.programs approved by the Administra- tion and leading to degrees or certificates in areas directly related to law enforcement and criminal" justice or suitable for persons employed in law enforcement and criminal justice, with special consideration to police or correctional personnel of States or units of general local government on academic leave to earn such degrees or certificates. Loans to persons assisted under this sub- section shall be made on such terms-and con- ditions as the Administration and the in- stitution offering such programs may deter- mine, except that the total amount of any such loan, plus interest, shall be canceled for service as a full-time officer or employee of a law enforcement and criminal justice agency at the rate of 25 per centum of the total amount of such loans plus interest for each complete year of such service or its equivalent of such service, as determined under regulations'of the Administration. "(c) The Administration is authorized to enter into contracts to make, and make, pay- ments to institutions of higher education for tuition, books and fees, not exceeding $200 per academic quarter or $300 per semester for any person, for officers of any publicly funded law enforcement agency enrolled on a full-time or part-time basis in courses in- cluded in an undergraduate or graduate pro- gram which is approved by the Administra- tion and which leads to a degree or certificate in an area related to law enforcement and criminal justice or an area suitable for per- sons employed in law enforcement and crimi- nal justice. Assistance under this subsection may be granted only on behalf of an appli- cant who enters into an agreement to remain in the service of the law enforcement and criminal justice agency employing such ap- plicant for a period of two years following completion of any course for which pay- ments are provided under this subsection, and in the event such service is not com- pleted, to repay the full amount of such payments on such terms and in such man- ner as the Administration may prescribe. "(d) Full-time teachers or persons prepar- ing for' careers as full-time teachers of courses related to law enforcement and criminal justice or suitable for persons em- ployed in law enforcement, in institutions of Approved For Release 2001/08/30 : CIA-RDP76M00527R000700190018-5 H 4884 Approved For Release 2001/08/30 : CIA-RDP76M00527R000700190018-5 CONGRESSIONAL RECORD - HOUSE June 18,191Z3 higher education which are eligible to receive funds under this section, shall be eligible to receive assistance under subsections (b) and (c) of this section as determined under regu- lations of the Administration. "(e) The Administration is authorized to make grants to or enter into contracts with institutions of higher education, or com- binations of such institutions, to assist them in planning, developing, strengthening, im- proving, or carrying out programs or projects for the development or demonstration of im- proved methods of law enforcement and criminal justice education, including- "11) planning for the development or ex- pansion of undergraduate or graduate pro- grains in law enforcement and criminal jus- tice; 2) education and training of faculty members; :3) strengthening the law enforcement and criminal justice aspects of courses lead- ing to an undergraduate, graduate, or pro- fessional degree; and " 4) research into, and development of, methods of educating students or faculty, in- cluding the preparation of teaching mate- rials and the plannig of curriculums. The amount of a grant or contract may be up to 75 per centum of the total cost of pro- grains and projects for which a grant or contract is made. -0 The Administration is authorized to enter into contracts to make, and make pay- ments to Institutions of higher education for grants not exceeding $50 per week to persons enrolled on a full-time basis in undergradu- ate or graduate degree programs who are ac- cepted for and serve in full-time internships in law enforcement and criminal justice agencies for not less than.eight weeks during any summer recess or for any entire quarter or semester on leave from the degree program. ";,EC. 407. (a) The Administration is au- tho--ized to establish and support a training program for prosecuting attorneys from State and local offices engaged in the prosecution of organized crime. The program shall be de- signed to develop new or improved ap- proaches, techniques, systems, manuals, and devices to strengthen prosecutive capabili- ties against organized crime. ""b) While participating in the training program or traveling in connection with par~icipation in the training program, State and local personnel shall be allowed travel expenses and a per diem allowance in the same manner as prescribed under section 5703(b) of title 5, United States Code, for persons employed intermittently in the Gov- ernment service. "(c) The cost of training State and local personnel under this section shall be pro- vided out of funds appropriated to the Ad- ministration for the purpose of such train- ing. "PAST E-GRANTS FOR CORRECTIONAL INSTITU- TIONS AND FACILITIES "lbEc. 451. It is the purpose of this part to encourage States and units of general local government to develop and implement pro- grains and projects for the construction, ac- quisition, and renovation of correctional in- stitutions and facilities, and for the improve- ment of correctional programs and practices. `;EC. 452. A State desiring to receive a grant under this part for any fiscal year shall, consistent with the basic criteria which the Administration establishes under section 454 of this title, incorporate its application for such grant in the comprehensive State plan submitted to the Administration for than; fiscal year in accordance with section 302 of this title. "SEc. 453, The Administration is author- ized to make a grant under this part to a State planning agency if the application in- corporated in the comprehensive State plan- " 1) sets forth a comprehensive statewide program for the construction, acquisition, or renovation of correctional institutions and facilities in the State and the improvement of correctional programs and practices throughout the State; "(2) provides satisfactory assurances that the control of the funds and title to pro- perty derived therefrom shall be in a public agency for the uses and purposes provided in this part and that a public agency will ad- minister those funds and that property; "(3) provides satisfactory assurances that the availability of funds under this part shall not reduce the amount of funds under part C of this title which a State would, In the ab- sence of funds under this part, allocate for purposes of this part; "(4) provides satisfactory emphasis on he development and operation of community- based correctional facilities and programs, including diagnostic services, halfway houses, probation, and other supervisory release pro- grams for preadjudication and post adjudica- tion referral of delinquents, youthful offend- ers, and first offenders, and community- oriented programs for the supervision of parolees; "i5) provides for advanced techniques in the design of institutions and facilities; "i6) provides, where feasible and desirable, for the sharing of correctional institutions and facilities on a regional basis; "17) provides satisfactory assurances that the personnel standards and programs of -he institutions and facilities will- reflect ad- vanced practices; "(8) provides satisfactory assurances that the State is engaging in projects and pro- gram to improve the recruiting, organiza- tion, training. and education of personnel employed in correctional activities, including those of probation, parole, and rehabilita- tion; and "if,) complies pith the same requirements established for comprehensive State plans under paragraph (1), (3), (4), (5), (7), (8), (9), (10), (11), and (12) of section 303 of this title. "Sac. 454. The Administration shall, after consultation with the Federal Bureau of Prisons, by regulation prescribe basic criteria for applicants and grantees under this part. "Sac. 455. (a) The funds appropriated each fiscal year to make grants under this part shall be allocated by the Administration as follows: "(1) Fifty per centum of the funds shall be available for grants to State planning agencies. "(2) The remaining 50 per centum of the funds may be made available, as the Admin- istration may determine, to State planning agencies, units of general local government, or combinations of such units, according to the criteria and on the terms and conditions the Administration determines consistent with this part. Any grant made from funds available under this part may be up to 90 per centum of the cost of the program or project for which such grant is made. The non-Federal funding of the cost of any program or project to be funded by a grant under this section shall, be of money appropriated in the aggregate by the State or units of general local govern- ment. No funds awarded under this part clay be used for land acquisition. "(b) If the Administration determines, on the basis of information available to it dur- ing any fiscal year, that a portion of the funds granted to an applicant for that fiscal year will not be required by the .applicant or will become available by virtue of the appli- cation of the provisions of section 509 of this title, that portion shall be available for real- location under paragraph (2) of subsection (a) of this section. "PART F-ADMINISTRATIVE PROVISIONS "SEC. 501. The Administration is author- ized, after appropriate consultation with rep- resentatives of States and units of general local government, to establish such rules, regulations, and procedures as are necessary to the exercise of its functions, and are con- sistent with the stated purpose of this title. "SEC. 502. The Administration may dele- gate to any officer or official of the Adminis- tration, or, with the approval of the Attorney General, to any officer of the Department of Justice such functions as it deems appro- priate. "SEC. 503. The functions, powers, and duties specified in this title to be carried out by the Administration shall not be trans- ferred elsewhere in the Department of Jus- tice unless specifically hereafter authorized by the Congress. "SEC. 504. In carrying out its functions, the Administration, or upon authorization of the Administration, any member thereof or any hearing examiner assigned to or employed by the Administration, shall have the power to hold hearings, sign and Issue subpenas, ad- minister oaths, examine witnesses, and re- ceive evidence at any place in the United States it may designate. "SEC. 505. Section 5314 of title 5, United States Code, is amended by adding at the end thereof- "'(55) Administrator of Law Enforcement Assistance.' "SEC. 506. Section 5315 of title 5, United States Code, is amended by adding at the end thereof- "'(90) Associate Administrator of Law En- forcement Assistance.' "SEC. 507. Subject to the civil service and classification laws. the Administration is au- thorized to select, appoint, employ, and fix compensation of such officers and employees, including hearing examiners, as shall be nec- essary to carry out its powers and duties under this title. "SEC. 508. The Administration is au- thorized, on a reimbursable basis when ap- propriate, to use the available services, equipment personnel, and facilities of the Department of Justice and of other civilian or military agencies and instrumentalities of the Federal Government A and to cooperate with the Department of f'hstice and such other agencies and instrumentalities in the establishment and use of services, equip- ment, personnel, and facilities of the Ad- ministration. The Administration is further authorized to confer with and avail itself of the cooperation, services, records, and facilities of State, municipal, or other local agencies, and to receive and utilize, for the purposes of this title, property donated or transferred for the purposes of testing by any other Federal agencies, States, units of general local government, public or private agencies or organizations, institutions of higher education, or individuals. "SEC. 509. Whenever the Administration, after reasonable notice and opportunity for hearing to an applicant or a grantee under this title, finds that, with respect to any payments made or to be made under this title, there is a substantial failure to com- ply with- "(a) the provisions of this title; "(b) regulations promulgated by the Ad- ministration under this title; or "(c) a plan or application submitted in accordance with the provisions of this title; the Administration shall notify such appli- cant or grantee that further payments shall not be made (or in its discretion that fur- ther payments shall not be made for activi- ties in which there is such failure), until there is no longer such failure. "SEC. 510. (a) In carrying out the func- tions vested by this title in the Adminis- tration, the determination, findings, and conclusions of the Administration shall be final and conclusive upon all applicants, except as hereafter provided. "(b) If the application has been rejected or an applicant has been denied a grant or has had a grant, or any portion of a grant, Approved For Release 2001/08/30 : CIA-RDP76M00527R000700190018-5 J Approved For Release 2001/08/30 : CIA-RDP76M00527R000700190018-5 J;ne 18, 1973 CONGRESSIONAL RECORD -HOUSE discontinued, or has been given a grant in a lesser amount than such applicant believes appropriate under the provisions of this title, the Administration shall notify the appli- cant or grantee of its action and set forth the reason for the action taken. Whenever an applicant or grantee requests a hearing on action taken by the Administration on an application or a grant the Administration, or any authorized officer thereof, is authorized and directed to hold such hearings or investi- gations at such times and places as the Ad- ministration deems necessary, following ap- propriate and adequate notice to such appli- cant; and the findings of fact and deter- minations made by the Administration with respect thereto shall be final and conclusive, except as otherwise provided herein. "(c) If such applicant is still dissatisfied with the findings and determinations of the Administration, following the notice and hearing provided for in subsection (b) of this section, a request may be made for re- hearing, under such regulations and proced- ures as the Administration may establish, and' such applicant shall be afforded an op- portunity to present such additional infor- mation as may be deemed appropriate and pertinent to the matter involved. The find- ings and determinations of the Adminis- tration, following such rehearing, shall be final and conclusive upon all parties con- cerned, except as hereafter provided. "SEC. 511. (a) If any applicant or grantee is dissatisfied with the Administration's final action with respect to the approval of its application or plan submitted under this title, or any applicant or grantee is dissat- isfied with the Administration's final action under section 509 or section 510, such ap- plicant or grantee may, within sixty days after notice of such action, file with the United States court of appeals for the cir- cuit in which such applicant or grantee is located a petition for review of that action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Administration. The Administration shall thereupon file in the court record of the pro- ceedings on which the action of the Admin- istration was based, as provided in section 2112 of title 28, United States Code. "(b) The deter)inations and the findings of fact by the Administration, if supported by substantial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the Administration to take further evidence. The administration may thereupon make new or modified find- ings of fact and may modify its previous ac- tion, and shall file in the court the record of further proceedings. Such new or modified findings of fact or determinations shall like- wise be conclusive if supported by substan- tial evidence. ' "(c) Upon the filing of such petition, the court shall have jurisdiction to affirm the ac- tion of the Administration or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the Su- preme Court of the United States upon cer- tiorari or certification as provided in section 1251 of title 28, United States Code. "SEC. 512. Unless otherwise specified in this title, the Administration shall carry out the programs provided for in this title during the fiscal year ending June 30, 1974, and the four succeeding fiscal years. "SEC. 513. To insure that all Federal assist- ance to State and local programs under this title is carried out in a coordinated manner, the Administration is authorized to request any Federal department or agency to supply such statistics, data, program reports, and other material-as the Administration deems necessary to carry out its functions under this title. Each such department or agency is authorized to cooperate with the Adminis- tration and, to the extent permitted by law, to furnish such materials to the Administra- tion. Any Federal department or agency en- gaged in administering programs related to this title shall, to the maximum extent prac- ticable, consult with and seek advice from the Administration to insure fully coordi- nated efforts, and the Administration shall undertake to coordinate such efforts. "SEC. 514. The Administration may arrange with and reimburse the heads of other Fed- eral departments and agencies for the per- formance of any of its functions under this title. "SEC. 515. The Administration is author- ized- "(a) to conduct evaluation studies of the programs and activities assisted under this title; "(b) to collect, evaluate, publish, and dis- seminate statistics and other information on the condition and progress of law enforce- ment in the several States; and "(c) to cooperate with and render tech- nical assistance to States, units of general local government, combinations of such States or units, or other public or private agencies, organizations, or institutions in matters relating to law enforcement and criminal justice. Funds appropriated for the purposes of this section may be expended by grant or con- tract, as the Administration may determine to be appropriate. "SEC. 516. (a) Payments under this title may be made in installments, and in advance or by way of reimbursement, as may be deter- mined by the Administration, and may be used to pay the transportation and subsist- ence expenses of persons attending Confer- ences or other assemblages notwithstanding the provisions of the joint resolution entitled 'Joint resolution to prohibit expenditure of any moneys for housing, feeding or trans- porting conventions or meetings', approved February 2, 1935 (31 U.S.C. sec. 551). "(b) Not more than 12 per centum of the sums appropriated for any fiscal year to Carry out the provisions of this title may be used within any one State except that this limitation shall not apply to, grants made pursuant to part D. "SEC. 517. (a) The Administration may procure the services of experts and consult- ants in accordance with section 3109 of title 5, United States Code, at rates of compensa- tion for individuals not to exceed the daily equivalent of the rate authorized for GS-18 by section 5332 of title 5, United States Code. "(b) The Administration is authorized to appoint, without regard to the civil service laws, technical or other advisory committees to advise the Administration with respect to the administration of this title as it deems necessary. Members of those committees not otherwise in the employ of the United States, while engaged in advising the Administra-o tion or attending meetings of the commit- tees, shall be compensated at rates to be fixed by the Administration but not to ex- ceed the daily equivalent of the rate author- ized for GS-18 by section 5332 of title 5 of the United States Code and while away from home or regular place of business they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of such title 5 for persons in the Government service employed intermit- tently. "SEC. 518. (a) Nothing contained in this title or any other Act shall be construed to authorize any department, agency, officer, or employee of the United States to exercise any direction, supervision, or control over any police force or any other law enforce- ment and criminal justice agency of any State or any political subdivision thereof. "(b) (1) No person in any State shall on the ground of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity H 4885 funded in whole or in part with funds made available under this title. "(2) Whenever the Administration deter- mines that a State government or any unit of general local government has failed to comply with subsection (b) (1) or an ap- plicable regulation, it shall notify the chief executive of the State of the noncompliance and shall request the chief executive to se- cure compliance. If within sixty days after such notification the chief executive fails or refuses to secure compliance, the Adminis- tration shall exercise the powers and func- tions provided in section 509 of this title, and is authorized- "(A) to institute an appropriate civil ac- tion; "(B) to exercise the powers and functions pursuant to title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d) ; or "(C) to take such other action as may be provided by law. "(3) Whenever the Attorney General has reason to believe that a State government or unit of local government is engaged in a pattern or practice in violation of the pro- visions of this section, the Attorney General may bring a civil action in any appropriate United Staes district court for such relief as may be appropriate, including injunctive relief. "SEC. 519. On or before December 31 of each year, the Administration shall report to the President and to the Congress on activities pursuant to the provisions of this title during the preceding fiscal year. "SEC. 520. There are authorized to be ap- propriated such sums as are necessary for the purposes of each part of this title, but such sums in the aggregate shall not exceed $1,000,000,000 for the fiscal year ending June 30,1974, and $1,000,000,000 for each succeed- ing fiscal year through the fiscal year ending June 3, 1978. Funds appropriated for any fiscal year may remain available for obliga- tion until expended. Beginning in the fiscal year ending June 30, 1972, and in each fiscal year thereafter there shall be allocated for the purposes of part E an amount equal to not less than 20 per centum of the amount allocated for the purposes of part C. "SEC. 521. (a) Each.recipient of assistance under this Act shall keep such records as the Administration shall prescribe, includ- ing records which fully disclose the amount and disposition by such recipient of the pro- ceeds of such assistance, the total cost of the project or undertaking in connection with which such assistance is given or used, and the amount of that portion of the cost of the project or undertaking supplied by other sources, and such other records as will facilitate an effective audit. "(b) The Administration and the Comp- troller General of the United States, or any of their duly authorized representatives, shall have access for purpose of audit and examinations to any books, documents, papers, and records of the recipients that. are pertinent to the grants received under this title. "(c) The provisions of this section shall apply to all recipients of assistance under this Act, whether by direct grant or con- tract from the Administration or by sub- grant or subcontract from primary grantees or contractors of the Administration. "SEC. 522. Section 204(a) of the Demon- stration Cities and Metropolitan Develop- ment Act of 1966 is amended by inserting 'law enforcement facilities,' immediately after 'transportation facilities,'. "SEC. 523. Any funds made available un- der parts B, C, and E prior to July 1, 1973, which are not obligated by a State or unit of general local government may be used to provide up to 90 percent of the cost of any program or project. The non-Federal share of the cost of any such program or project shall be of money appropriated in the aggre- Approved For Release 2001/08/30 : CIA-RDP76M00527R000700190018-5 H 4886 Approved For Release 2001/08/30 : CIA-RDP76M00527R000700190018-5 CONGRESSIONAL RECORD -HOUSE June 18, 1973 gate by the State or units of general local government. "SEC. 524. (a) Except as provided by Fed- eral law other than this title, no officer or employee of the Federal Government, nor any recipient of assistance under the provi- sions of this title "(1) shall use any information furnished by an' private person under this title for any purpose other than to carry out the pro- visions of this title; or "(2) shall reveal to any person, other than to carry out the provisions of this title, any information furnished under the title and identifiable to any specific private person furnishing such information. Copies of such information shall be immune from legal process, and shall not, without the consent of the person furnishing such information. be admitted as evidence or used for any purpose in any action; suit, or other judical or administrative proceedings. "(b) Any person violating the provisions of thin section, or of any rule, regulation, or order issued thereunder, shall be fined not to exceed $10,000, in addition to any other penalty imposed by law. "PART G-DzrlarrnoNS "SEC. 601. As used in this title- "(a) 'Law enforcement and criminal jus- tice' means any activity pertaining to crime prevention, control or reduction or the en- forcement of the criminal law, including, but not limited to police efforts to prevent, con- trol, or reduce crime or to apprehend crim- inals, activities of courts having criminal jurisdiction and related agencies (includine: prosecutorial and defender servic-' p,?_ ities of corrections, probation, or petrol=. a.. thorities, and programs relating to the pre- vention, control, or reduction of juvenile de- linquency or narcotic addiction. "(b) 'Organized crime' means the unlaw- ful activties of the members of a highly orga- nized, disciplined association engaged in supplying illegal goods and services, includ- ing but not limited to gambling, prostitu- tion, loan sharking, narcotics, labor rack- eteering, and other unlawful activities of members of such organizations. "(c) 'State' means any State of the United States, the District of Columbia, the Corn- borough, parish, village, or other general or possession of the 'United States. "(d) 'Unit of general local government' means any city, county, township, town, borough, parish, village, or other general purpose political subdivision of a State, an Indian tribe which performs law enforce- ment functions as determined by the Secre- tary of the Interior, or, for the purposes of assistance eligibility, any agency of the Dis- trict of Columbia government or the United States Government performing law enforce- ment functions In and for the District of Columbia and funds appropriated by the Congress for the activities of such agencies may be used to provide the non-Federal share of the cost of programs or projects funded under this title; provided, however, that such assistance eligibility of any agency of the United States Government shall be for the sole purpose of facilitating the transfer of criminal jurisdiction from the United States District Court for the District of Co- lumbia to the Superior Court of the District of Columbia pursuant to the District of Co- lumbia Court Reform and Criminal Proce- dure Act of 1970. "(e) 'Combination' as applied to States or units of general local government means any grouping or joining together of such States or units for the purpose of preparing, de- veloping, or implementing a law enforce- ment plan. "(f) 'Construction' means the erection, acquisition, expansion, or repair (but not in- eluding minor remodeling or minor repairs) of new or existing buildings or other physical ficilities, and the acquisition or installation cf initial equipment therefor. "(g) 'State organized crime prevention council' means a council composed of net riore than seven persons established pur- suant to State law or established by the chief executive of the State for the purpose c:-f this title, or an existing agency so desig- rated, which council shall be broadly rep- resentative of law enforcement, officials within such State and whose members by virtue of their training or experience shall be knowledgeable in the prevention and contrc:l of organized crime. "(h) 'Metropolitan area' means a stand- ard metropolitan statistical area as estab- lished by the Bureau of the Budge, subjec-:, however, to such modifications and exten- sions as the Administration may determine to be arpropriate. "(i) 'Public agency' means any State, unit of local government, combination. of suc_b States or units, or any department, agency, or instrumentality of any of the foregoing. "(j) 'Institution of higher education' means any such instituition as defined b section 501(a) of the Higher Education Act o' 1965 (79 Stat. 1269; 20 U.S.C. 1141(a)), s abject. however, to such modification and e:ctensions as the Administration may de.. termine to be appropriate. "(k) 'Community service officer' means sly citizen with the capacity, motivation. integrity, and stability to assist in or per. form police work but who may not meet ordinary standards for employment as a regular police officer selected from the im- mediate locality of the police department of v;hich he is to be a part, and meeting such other qualifications promulgated in regu- ls1ions pursuant to section 501. at the Ad- n inistration may determine to be appro- priate to further the purposes of section 301(b) (7) and this Act. "(1) The term 'correctional institution or facility' means any place for the confinement o, rehabilitation of juvenile offenders or in- dividuals charged with or convicted of crimi- nal offenses. "(m) The term 'comprehensive' mean,; that the plan must be a total and integrated a lalysis of the problems regarding the Is,,,- * lforcement and criminal justice system within the State; goals, priorities, and stand- ards must be established in the plan and the p.an must address methods, organization, and operation performance, physical and human resources necessary to accomplish crime prevention, identification, detection, and apprehension of suspects; adjudi-- cntlon; custodial treatment of suspect.. and offenders, and institutional and nonin-- stitutional rehabilitative measures. "PART H-CRIMINAL PENALTIES "SEc. 651. Whoever embezzles, willfully nasapplies, steals, or obtain by fraud or at tempts to embezzle, willfully misapply, steal, or obtain by fraud any funds, assets, or property which are the subject of a grant or contract or other form of assistance pur- sr--ant to this title, whether received directly- of indirectly from the Administration, or whoever receives, conceals, or retains such finds, assets, or property with intent to con. vcrt such funds, assets, or property to his me or pain, knowing such funds, assets, or pi operty have been embezzled. willfully mis- applied, stolen, or obtained by fraud, shall be fined not more than $10,000 or imprisoned for not more than five years, or both. "SEC. 652. Whoever knowingly and willfully falsifies, conceals, or covers up by trick, scheme, or device, any material fact in any application for assistance submitted pur- suant to thistitle or in any records required to be maintained pursuant to this title shall be subject to prosecution under the provi- sions of section 1001 of title 18, United States Code. "SEC. 653. Any law enforcement program or project underwritten, in whole or in part, by any grant, or contract or other form of assistance pursuant to this title, whether received directly or indirectly from the Ad- ministration, shall be subject to the provi- sions of section 371 of title 18, United States Code. "PART I-ATTORNEY GENERALS ANNUAL RE- PORT ON FEDERAL LAW EN RCEMENT AND CRIMINAL JUSTICE ACTIVITIES "SEc. 670. The Attorney General, in con- sultation with the appropriate officials in the agencies involved, within ninety days of the end of each fiscal year shall submit to the President and to the Congress an Annual Report on Federal Law Enforcement and Criminal Justice- Assistance Activities setting forth the programs conducted, expenditures made, results achieved, plans developed, and problems discovered in the operations and coordination of the various Federal assist- ance programs relating to crime prevention and control, including, but not limited to, the Juvenile Delinquency Prevention and Control Act of 1968, the Narcotics Addict Rehabilitation Act of 1968, the Gun Control Act of 1968, the Criminal Justice Act of 1964, title XI of the Organized Crime Control Act of 1970 (relating to the regulation of ex- plosives), and title III of the Omnibus Crime Control and Safe Streets Act of 1968 (relating to wiretapping and electronic Surveillance).". SEC. 2. (a) Section 5315 of title 5, United States Code, is amended by striking out the following: " (90) Associate Administrator of Law En- forcement Assistance (2).". (b) Section 5816 of title 5, United States Code, is amended by adding at the end thereof the following: - "(131) Deputy Administrator of the Law Enforcement Assistance Administration.". SEc. 3. The amendments made by this Act shall take effect on and after July 1, 1973. Mr. RODINO (during the reading). Mr. Chairman, I ask unanimous consent that the bill be considered as read, print- ed in the RECORD, and open to amend- ment at any point. The CHAIRMAN. Is there objection to the request of the gentleman from New Jersey? There was no objection. Mr. RODINO. Mr. Chairman, the en- tire bill being open to amendment at any point, I ask unanimous consent that those committee amendments printed in the bill and numbered 18. through 33 on page 3 of the committee report be con- sidered en bloc. Those amendments are purely technical in nature. The CHAIRMAN. Is there objection to the request of the gentleman from New Jersey? There was no objection. COMMITTEE AMENDMENTS The CHAIRMAN. The Clerk will re- port the committee amendments. The Clerk read as follows: - Committee amendments numbered 18 through 33: Page 8, line 23, insert "and criminal jus- tice" immediately after "law enforcement". Page 13, line 14, strike out "of". Page 23, line 6, insert a comma immediately after "conducting". Page 24, line 18, insert "and" immediately before "shall describe". - Page 39, line 20, strike out "1251" and insert in lieu thereof "1254". Page 44, line 2, strike out "unit" and insert in lieu thereof "units". Page 50, line 12, strike out ", the" and in- sert in lieu thereof a semicolon. Approved For Release 2001/08/30 : CIA-RDP76M00527R000700190018-5
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